SULLENS v. UNITED STATES

No. 27295.

409 F.2d 545 (1969)

Benton C. SULLENS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

April 7, 1969.


Attorney(s) appearing for the Case

Benton C. Sullens, pro se.

Joseph W. Hatchett, First Asst. U. S. Atty., Jacksonville, Fla., for appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


WISDOM, Circuit Judge:

Sullens appeals from the district court's denial of a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. His case turns upon whether a prisoner's continued incarceration under resentencing violates the double-jeopardy clause of the Constitution if it extends beyond the period to which he was originally sentenced.

Sullens pleaded guilty to a charge of having used interstate telephone facilities to convey a threat upon his...

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